Abstract

Globalization is a connection to bring countries closer together, not only in the development of labor and international trade but also in marriage and family relations involving foreign elements. In these legal relations, a divorce involving foreign elements is an important matter which the lawmakers always pay close attention to. Currently, the provisions of Vietnamese Private International Law governing divorce involving foreign elements are relatively sufficient, which can deal with most of the legal issues arising from practice, protecting Vietnamese citizens' interest, especially women. However, the terms of the National Court's jurisdiction over a divorce case involving foreign elements and the determination of the applicable law have been confusing that need to be resolved and clarified. From the experience in Private International Law of the other countries, in particular EU Regulations and Belgian Private International Law on divorce with foreign elements, this article will point out some basic shortcomings, simultaneously proposing corresponding solutions appropriate for Vietnamese law, the economic, political, and social background of our country.